2020 Ohio 3014
Ohio Ct. App.2020Background
- Relator James Tayse (incarcerated at Lebanon Correctional Institution) filed a second petition for a writ of procedendo asking Judge Susan Baker Ross to rule on a motion.
- Tayse previously filed a petition that was dismissed for failing to comply with R.C. 2969.25 filing requirements for inmates.
- R.C. 2969.25(A) requires an affidavit listing all civil actions or appeals filed in the prior five years with specific details: case name, case number, court, parties, brief description, and outcome.
- Tayse submitted an affidavit stating he had filed two civil actions (a writ of procedendo in the Ninth District and a writ of habeas corpus in Warren County) but omitted required specifics (case names, numbers, parties, descriptions, and outcomes).
- The court held that strict compliance with R.C. 2969.25 is mandatory and dismissed the petition for noncompliance; costs were taxed to Tayse and the clerk was ordered to serve notice of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tayse complied with R.C. 2969.25(A) affidavit requirements | Tayse had filed an affidavit identifying prior actions (two actions) and thus satisfied the statute | Tayse's affidavit omitted mandatory details (case names, numbers, parties, descriptions, outcomes) and therefore did not comply | Court held Tayse did not comply with R.C. 2969.25(A) and dismissed the petition |
| Whether dismissal is mandatory for noncompliance with R.C. 2969.25 | Tayse implicitly argued his filing sufficed (or sought relief despite defects) | Respondent argued statute mandates dismissal for failure to meet requirements | Court held dismissal is required; statute demands strict/mandatory compliance |
Key Cases Cited
- State ex rel. Graham v. Findlay Mun. Court, 106 Ohio St.3d 63 (requirements of R.C. 2969.25 are mandatory; failure to comply warrants dismissal)
- State v. Henton, 146 Ohio St.3d 9 (R.C. 2969.25 requires strict compliance; noncompliance warrants dismissal)
